x - NYCOURTS.GOV - New York State Unified Court … R. Marmolejos, et al., Defendants.-----X...

\

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on August 18, 2009.

Present: Hon. Luis A. Gonzalez,Peter TomAngela M. MazzarelliRichard T. AndriasDavid B. Saxe,

-------------------------------------xThe People of the State of New Yorkex reI. Stanley Moore,

Petitioner-Appellant,

-against-

Warden,

Respondent-Respondent.-------------------------------------x

Presiding Justice,

Justices.

M-3371Index No. 52029/06

An appeal having been taken from the order of the SupremeCourt, Bronx County, entered on or about January 2, 2007,

Now, upon reading and filing the stipulation of theparties hereto, dated July 9, 2009, and due deliberation havingbeen had thereon,

It is ordered that the appeal is withdrawn in accordancewith the aforesaid stipulation.

ENTER:


PRESENT - Hon. Luis A. Gonzalez,Peter TomAngela M. MazzarelliRichard T. AndriasDavid B. Saxe,

---------------------------------------XComverse Technology, Inc.,

Plaintiff-Respondent,

-against-

Jacob ("Kobi") Alexander,Defendant,

William Sorin,Defendant-Appellant.

---------------------------------------X

Presiding Justice,

Justices.

M-3414XIndex No. 600142/08

An appeal having been taken by defendant-appellant WilliamSorin from the order of the Supreme Court, New York County,entered on or about November 3, 2008 (mot. seq. no. 005),

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, IIS0 ordered"July 22, 2009, and due deliberation having been had thereon,


E N T E



--------------------- -----------------XRhoda Gilbert,

Plaintiff-Appellant,

-against-

Edward M. Gilbert,Defendant-Respondent.

---------------------------------------X

Presiding Justice,

Justices.

M-3442XIndex No. 33300/74

An appeal having been taken from the order of the SupremeCourt, New York County, entered on or about March 13, 2009 (mot.seq. no. 003),

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, IIso ordered IIJuly 24, 2009, and due deliberation having been had thereon,


E N T E



---------------------------------------XRuben Ramos,


-against-

Rich Express Trucking, Inc., et al.,Defendants-Appellants.

---------------------------------------X

Presiding Justice,

Justices.

M-3443XIndex No. 8425/07

An appeal having been taken from the order of the SupremeCourt, Bronx County, entered on or about July 18, 2008,

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, "so ordered"July 24, 2009, and due deliberation having been had thereon,


E N T E



-------------------- -----------------XHector Pichardo,


-against-

Julio Vasquez and Washimo Car Service,Inc. ,

Defendants-Appellants,

Jerry R. Marmolejos, et al.,Defendants.

---------------------------------------X

Presiding Justice,

Justices.

M-3444XIndex No. 24689/06

An appeal having been taken from the order of the SupremeCourt, Bronx County, entered on or about August 18, 2008,

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, "so ordered"July 24, 2009, and due deliberation having been had thereon,


E N T E



---------------------------------------XVenus Castro,


-against-

Kenneth Booker, et al.,Defendants,

Rogelio Quinones and Arpa Trans Inc.,Defendants-Appellants.

---------------------------------------X[And a third-party action]---------------------------------------X

Presiding Justice,

Justices.

M-3445XIndex No. 17491/06

An appeal having been taken from the order of the SupremeCourt, Bronx County, entered on or about August 19, 2008,

Now, after pre-argument conference and upon reading andfiling the stipulation of the parties hereto, "SO ordered"July 24, 2009, and due deliberation having been had thereon,


E N T E



-------------------------------------xThe People of the State of New York,

Respondent,

-against-

Kervin Sanchez,

Defendant-Appellant.-------------------------------------x

Presiding Justice,

Justices.

M-3447Ind. No. 815/00

An appeal having been taken from the judgment of theSupreme Court, New York County, rendered on or about July 31,2007,

Now, upon reading and filing the stipulation of theparties hereto, dated July 22, 2009, and due deliberation havingbeen had thereon,


ENTER:



--------- -- -----------------------xConcord Capital Funding, LLC,


Concord Capital Funding, Inc.,Plaintiff-Appellant,

-against-

HSH Nordbank AG, et al.,Defendants-Respondents.

-------------------------------------x

Presiding Justice,

Justices.

M-3387Index No. 603764/08

Plaintiffs having taken separate appeals from the ordersof the Supreme Court, New York County, both entered on or aboutApril 28, 2009 (mot. seq. nos. 001 and 002) and from the judgmentof said Court entered on or about May 15, 2009, respectively,

Now, upon reading and filing the stipulation of the partieshereto, filed July 20, 2009, and due deliberation having been hadthereon, it is

Ordered that the appeals, previously perfected for theSeptember 2009 Term, are withdrawn in accordance with theaforesaid stipulation.

E N T E R:



--------------------------------------xRobert Suarez, Individually andas Administrator of the Estate ofMaritza Suarez, deceased, Lisa Suarez,an infant by her father and naturalguardian, Robert Suarez, RobertSuarez, individually, JulianneSuarez and Henry Delgado,

Plaintiffs-Respondents,

-against-

A-1 Transitmix, Inc. and FranciscoVargas,

Defendants-Appellants.--------------------------------------x

Presiding Justice,

Justices.

M-3403Index No. 18188/07

An appeal having been taken from the order of the SupremeCourt, Bronx County, entered on or about January 26, 2009,

Now, upon reading and filing the stipulation of the partieshereto, filed July 22, 2009, and due deliberation having been hadthereon,

It is ordered that the appeal, previously perfected for theSeptember 2009 Term, is withdrawn in accordance with theaforesaid stipulation.

ENTER:



------------------------------------xR.K. Newsstand Co., Inc.,


-against-

1170 Broadway Associates, LLC,et al.,

Defendants-Respondents.------------------------------------x

Presiding Justice,

Justices.

M-3406Index No. 104645/08

An appeal having been taken from the order of the SupremeCourt, New York County, entered on or about January 15, 2009(mot. seq. no. 001),

Now, upon reading and filing the stipulation of theparties hereto, filed July 17, 2009, and due deliberation havingbeen had thereon,

It is ordered that the appeal, previously perfected forthe September 2009 Term, is withdrawn in accordance with theaforesaid stipulation. (See M-2680, decided simultaneouslyherewith.)

ENTER:



------- ----------------------------xR.K. Newsstand Co., Inc.,

plaintiff-Appellant,

-against-

1170 Broadway Associates, LLC,et al.,

Defendants-Respondents.------------------------------------x

presiding Justice,

Justices.

M-2680Index No. 104645/08

An appeal having been taken from the order of the SupremeCourt, New York County, entered on or about January 15, 2009(mot. seq. no. 001),

And plaintiff-appellant having moved to stay trial and forother relief, pending the hearing and determination of theaforesaid appeal,

Now, upon reading and filing the papers with respect to themotion, and the stipulation of the parties hereto, filed July 17,2009, and due deliberation having been had thereon,

It is ordered that the motion for a stay is withdrawn, theaforesaid appeal having been withdrawn by order of this Court(M-3406), decided simultaneously herewith.

ENTER:

\


PRESENT - Hon: Luis A. Gonzalez,David FriedmanKarla MoskowitzDianne T. RenwickHelen E. Freedman,

------ --------------------------------xDonald J. Trump, etc., et al.,

Plaintiffs-Appellants,

-against-

Henry Cheng, et al.,Defendants-Respondents,

John Doe I, et al.,Defendants.

---------------------------------------x

Presiding Justice,

Justices.

M-3067Index No. 602877/05

Plaintiffs-appellants having moved for reargument ofthe decision and order of this Court entered on June 30, 2009(Appeal Nos. 935, 935A, 935B, 935C, 936, 936A and 936B),

Now, upon reading and filing the papers with respect tothe motion, and the correspondence from Jay Goldberg, Esq., datedJuly 15, 2009, and due deliberation having been had thereon,

It is ordered that the motion is withdrawn in accordancewith the aforesaid correspondence.

E N T E R:


PRESENT: Hon. Luis A. Gonzalez,Peter TomAngela M. MazzarelliRichard T. AndriasDavid B. Saxe,

-------------------------------------------xContinental Casualty Company, AmericanCasualty Company of Reading, PAl

Plaintiffs-Appellants-Respondents,

-against-

Employers Insurance Company of Wausau,Defendant-Respndent,

-and-

One Beacon America Insurance Company;Defendant-Respondent-Appellant,

Michael O'Reilly, the parties listed onattached Schedule A, being those partieswhose asbestos cases are currently setfor trial against Robert A. KeasbeyCompany in 2003;

Defendants-Respondents,

Robert A. Keasbey Company, a corporationdissolved in 2001, and a defendant classof claimants against Keasbey representedby the Individual Defendants,

Defendants.-------------------------------------------x

Presiding Justice,

Justices.

M-3439Index No. 601037/03

An appeal and cross appeal having been taken from anorder of the Supreme Court, New York County, entered on or aboutApril 22, 2009,

And cross-appellant having moved for an adjournment ofthe appeal and cross appeal,

(M-3439) -2- August 18, 2009

Now, upon reading and filing the papers with respect tothe motion and the correspondence from cross appellant's counsel,dated July 31, 2009, and due deliberation having been hadthereon,

It is ordered that the motion is withdrawn in accordancewith the aforesaid correspondence.

ENTER:


Present: Hon. Luis A. Gonzalez,Angela M. MazzarelliJohn T. BuckleyDianne T. RenwickSheila Abdus-Salaam,

----------------------------------------xAllen Proctor,


For a Judgment Pursuant to Article 78of the CPLR,

-against-

District Attorney, New York County,Respondent-Respondent.

----------------------------------------x

Presiding Justice,

Justices.

M-3015Index No.401364/08

An appeal having been taken from the order and judgment (onepaper) of the Supreme Court, New York County, entered on or aboutMarch 23, 2009,

And an order of this Court having been entered on May 28, 2009(M-1958), denying petitioner poor person relief,

And petitioner-appellant having moved to renew and reargue hismotion for the aforesaid relief,

Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon,

It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard upon the original record and upon areproduced appellant 1 s brief, on condition that appellant serves onecopy of such brief upon the attorney for respondent and file 10 copiesof such brief, together with the original record, with this Court.Appellant is permitted to dispense with payment of the required feefor the subpoena and filing of the record. So much of the motionwhich seeks the assignment of counsel is denied.

ENTER:



------------------------------------xThe People of the State of New York,

Respondent,

-against-

Jaime Busanet,Defendant-Appellant.

------------------------------------x

Presiding Justice,

Justices.

M-3315Ind. No. 1891/08

Defendant having moved for leave to prosecute, as a poorperson, the appeal from the judgment of the Supreme Court, New YorkCounty, rendered on or about May 27, 2009, for leave to have theappeal heard upon the original record and a reproduced appellant'sbrief, and for related relief,

Now, upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon, it is

Ordered that the motion is granted to the extent ofpermitting the appeal to be heard on the original record, except thata certified copy of the indictment(s) shall be substituted in place ofthe original indictment(s), and upon a reproduced appellant's brief,on condition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files 10 reproduced copies ofsuch brief, together with the original record, with this Court.

The court reporter shall promptly make and file with thecriminal court (CPL § 460.70) two transcripts of the stenographicminutes of any proceedings pursuant to CPL § 210.20/ Arts. 710 and730, and of the plea or trial and sentence. The Clerk shall furnish acopy of such transcripts to appellant's counsel/ without charge, thetranscripts to be returned to this Court when appellant's brief isfiled.

Robert S. Dean, Esq., Center for Appellate Litigation,74 Trinity Place/11th Floor/ New York/ New York 10006/ TelephoneNo. 212-577-2523, is assigned as counsel for defendant-appellant forpurposes of the appeal. The time within which appellant shall perfectthis appeal is hereby enlarged until 120 days from the date of filingof the record.

E N T E R:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department in theCounty of New York on August 18, 2009.


---------------------------------------xThe People of the State of New York,

Respondent,

-against-

Lee Carr,Defendant-Appellant.

---------------------------------------x

Presiding Justice,

Justices.

M-3316Ind. No. 4596/06

Defendant having moved for leave to prosecute, as a poor person,the appeal from the judgment of the Supreme Court, Bronx County,rendered on or about June 10, 2009, for leave to have the appeal heardon the original record and upon a reproduced appellant's brief, andfor related relief,


Ordered that the motion is granted to the extent of permittingthe appeal to be heard on the original record, except that a certifiedcopy of the indictment(s) shall be substituted in place of theoriginal indictment(s), and upon a reproduced appellant's brief, oncondition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files 10 reproduced copies ofsuch brief, together with the original record, with this Court.

The court reporter shall promptly make and file with thecriminal court (CPL § 460.70) two transcripts of the stenographicminutes of any proceedings pursuant to CPL § 210.20, Arts. 710 and730, and of the plea or trial and sentence. The Clerk shall furnish acopy of such transcripts to appellant's counsel, without charge, thetranscripts to be returned to this Court when appellant's brief isfiled.

Richard M. Greenberg, Esq., Office of the Appellate Defender,11 Park Place, Room 1601, New York, New York 10007, Telephone No.(212)402-4100, is assigned as counsel for defendant-appellant forpurposes of the appeal. The time within which appellant shall perfectthis appeal is hereby enlarged until 120 days from the date of filingof the record.

E N T E R:




Respondent,

-against-

James Charleston,Defendant-Appellant.

------------------------------------x

Presiding Justice,

Justices.

M-3317Ind. No. 4809/08

Defendant having moved for leave to prosecute, as a poorperson, the appeal from the judgment of the Supreme Court, New YorkCounty, rendered on or about June 23, 2009, for leave to have theappeal heard upon the original record and a reproduced appellant'sbrief, and for related relief,




Steven Banks, Esq., 199 Water Street, 5th Floor, New York,New York 10038, Tel. No. (212) 577-3688, is assigned as counsel fordefendant-appellant for purposes of the appeal. The time within whichappellant shall perfect this appeal is hereby enlarged until 120 daysfrom the date of filing of the record.

E N T E R:



--------------------------------------xThe People of the State of New York,

Respondent,

-against-

Lamont Cooley, also known as Lamont D.Cooley,

Defendant-Appellant.--------------------------------------x

Presiding Justice,

Justices.

M-3319Ind. No. 5194/08

Defendant having moved for leave to prosecute, as a poor person,the appeal from the judgment of the Supreme Court, New York County,rendered on or about June 18, 2009, for leave to have the appeal heardupon the original record and a reproduced appellant's brief, and forrelated relief,



The court reporter shall promptly make and file with thecriminal court (CPL § 460.70) two transcripts of the stenographicminutes of any proceedings pursuant to CPL § 210.20, Arts. 710 and730, and of the plea or trial and sentence. The Clerk shall furnisha copy of such transcripts to appellant's counsel, without charge,the transcripts to be returned to this Court when appellant's briefis filed.

Robert S. Dean, Esq., Center for Appellate Litigation,74 Trinity Place, 11th Floor, New York, New York 10006, TelephoneNo. 212-577-2523, is assigned as counsel for defendant-appellant forpurposes of the appeal. The time within which appellant shall perfectthis appeal is hereby enlarged until 120 days from the date of filingof the record.

E N T E R:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department in theCounty of New York on August 18 r 2009.

PRESENT - Hon. Luis A. Gonzalez rPeter TomAngela M. MazzarelliRichard T. AndriasDavid B. Saxer


Respondent,

-against-

Joseph Harris rDefendant-Appellant.

---------------------------------------x

Presiding Justice r

Justices.

M-3320Ind. No. 5027/08

Defendant having moved for leave to prosecute r as a poor person rthe appeal from the judgment of the Supreme Court r New York CountYrrendered on or about July 7 r 2009 r for leave to have the appeal heardon the original record and upon a reproduced appellant's brief r andfor related relief,

Now r upon reading and filing the papers with respect to themotion, and due deliberation having been had thereon r it is

Ordered that the motion is granted to the extent of permittingthe appeal to be heard on the original record r except that a certifiedcopy of the indictment(s) shall be substituted in place of theoriginal indictment(s), and upon a reproduced appellant's brief, oncondition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files 10 reproduced copies ofsuch brief, together with the original record, with this Court.



E N T E R:




Respondent,

-against-

David Lee,Defendant-Appellant.

------------------------------------x

Presiding Justice,

Justices.

M-3322Ind. Nos. 4842/08

4843/08

Defendant having moved for leave to prosecute, as a poorperson, the appeal from the judgment of the Supreme Court, New YorkCounty, rendered on or about June II, 2009, for leave to have theappeal heard upon the original record and a reproduced appellant'sbrief, and for related relief,





E N T E R:




Respondent,

-against-

Ernest Nelson,Defendant-Appellant.

------------------------------------x

Presiding Justice,

Justices.

M-3323Ind. No. 350/07




The court reporter shall promptly make and file with thecriminal court (CPL § 460.70) two transcripts of the stenographicminutes of any proceedings pursuant. to CPL § 210.20, Arts. 710 and730, and of the plea or trial and sentence. The Clerk shall furnish acopy of such transcripts to appellant's counsel, without charge, thetranscripts to be returned to this Court when appellant's brief isfiled.

Robert S. Dean, Esq., Center for Appellate Litigation,74 Trinity Place, 11th Floor, New York, New York 10006, TelephoneNo. 212-577-2523, is assigned as counsel for defendant-appellant forpurposes of the appeal. The time within which appellant shall perfectthis appeal is hereby enlarged until 120 day! from the date of filingof the record.

E N T E R:

l




Respondent,

-against-

Anthony Plessner, also known asTommy Soto,

Defendant-Appellant.------------------------------------x

Presiding Justice,

Justices.

M-3325Ind. Nos. 2220/08

5567/05

Defendant having moved for leave to prosecute, as a poorperson, the appeal from the judgment of resentence of the SupremeCourt, New York County, rendered on or about July 8, 2009, ,for leaveto have the appeal heard upon the original record and a reproducedappellant's brief, and for related relief,



The court reporter shall promptly make and file with thecriminal court (CPL § 460.70) two transcripts of the stenographicminutes of resentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcriptsto be returned to this Court when appellant's brief is filed.


E N T E R:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department in theCounty of New York on August 18, 2009.


-- ------------------------------------xThe People of the State of New York,

Respondent,

-against-

Thomas Quinones,Defendant-Appellant.

---------------------------------------x

Presiding Justice,

Justices.

M-3326Ind. No. 4267/06

Defendant having moved for leave to prosecute, as a poor person,the appeal from the judgment of the Supreme Court, Bronx County,rendered on or about July I, 2009, for leave to have the appeal heardon the original record and upon a reproduced appellant's brief, andfor related relief,


Ordered that the motion is granted to the extent of permittingthe appeal to be heard on the original record, except that a certifiedcopy of the indictment{s) shall be substituted in place of theoriginal indictment{s), and upon a reproduced appellant's brief, oncondition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files 10 reproduced copies ofsuch brief, together with the original record, with this Court.



E N T E R:




Respondent,

-against-

Francis Rivera,Defendant-Appellant.

------------------------------------x

Presiding Justice,

Justices.

M-3327Ind. No. 865/09

Defendant having moved for leave to prosecute, as a poorperson, the appeal from the judgment of the Supreme Court, New YorkCounty, rendered on or about July 1, 2009, for leave to have theappeal heard upon the original record and a reproduced appellant'sbrief, and for related relief,





E N T E R:




Respondent,

-against-

Richard Rivera,Defendant-Appellant.

------------------------------------x

Presiding Justice,

Justices.

M-3328Ind. No. 1277/07






E N T E R:




Respondent,

-against-

Maximo Romero,Defendant-Appellant.

------------------------------------x

Presiding Justice,

Justices.

M-3329Ind. No. 4038/08






E N T E R:




Respondent,

-against-

Freddie Wilson,Defendant-Appellant.

------------------------------------x

Presiding Justice,

Justices.

M-3330Ind. No. 1402/08






E N T E R:




Respondent,

-against-

Derek Moore,Defendant-Appellant.

------------ -----------------------x

Presiding Justice,

Justices.

M-3333Ind. No. 989/08

Defendant having moved for leave to prosecute, as a poorperson, the appeal from the judgment of resentence of the SupremeCourt, New York County, rendered on or about March 5, 2009, for leaveto have the appeal heard upon the original record and a reproducedappellant's brief, and for related relief,



The court reporter shall promptly make and file with thecriminal court (CPL § 460.70) two transcripts of the stenographicminutes of any resentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant's brief is filed.


E N T E R:



-------------------------------------xThe People of the State of New York,

Respondent,

-against-

Jose Pabellon, also known as Jose A.Pabellon, also known as Jose A.Pabel16n,

Defendant-Appellant.-------------------------------------x

Presiding Justice,

Justices.

M-3337Ind. No. 644/07

Defendant having moved for leave to prosecute, as a poor person,the appeal from the judgment of the Supreme Court, Bronx County,rendered on or about July 1, 2009, for leave to have the appeal heardupon the original record and a reproduced appellant's brief, and forrelated relief,



The court reporter shall promptly make and file with the criminalcourt (CPL § 460.70) two transcripts of the stenographic minutes ofany proceedings pursuant to CPL § 210.20, Arts. 710 and 730, and ofthe plea or trial and sentence. The Clerk shall furnish a copy ofsuch transcripts to appellant's counsel, without charge, thetranscripts to be returned to this Court when appellant's brief isfiled.


E N T E R:

\



Presiding Justice,

Justices.


Respondent,

-against-

David Sanchez,Defendant-Appellant.

------------------------------------x

M-3331Ind. No. 6901/06

Defendant having moved for leave to prosecute, as a poor person,the appeal from the order of the Supreme Court, New York County,entered on or about May 22, 2009, for leave to have the appeal heardupon the original record and upon a reproduced appellant's'brief, foran enlargement of time in which to perfect the appeal, and for relatedrelief,


Ordered that the motion is granted to the extent of permittingthe appeal to be heard on the original record and upon a reproducedappellant's brief, on condition that appellant serves one copy ofsuch brief upon the District Attorney of said county and files 10reproduced copies of such brief, together with the original record,with this Court.

The Clerk of the Supreme Court shall expeditiously have madeand file with the criminal court (CPL § 460.70) two transcripts of thestenographic minutes of the SORA hearing and any other proceedings asyet not transcribed. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, Robert S. Dean, Esq., withoutcharge, the transcripts to be returned to this Court when appellant'sbrief is filed.

The time within which appellant shall perfect this appeal ishereby enlarged until 120 days from the date of filing of the record.

E N T E R:



Presiding Justice,

Justices.


Respondent,

-against-

Delroy Joe, also known asJoe Delroy,


M-3334Ind. No. 3799/03

Defendant having moved for leave to prosecute, as a poor person,the appeal from the order of the Supreme Court, New York County(Berkman, J.) entered on or about July 9, 2009, for leave to have theappeal heard upon the original record and upon a reproducedappellant1s brief, for an enlargement of time in which to perfect theappeal, and for related relief,


Ordered that the motion is granted to the extent of permittingthe appeal to be heard on the original record and upon a reproducedappellant's brief, on condition that appellant serves one copy ofsuch brief upon the District Attorney of said county and files 10reproduced copies of such brief, together with the original record,with this Court.

The Clerk of the Supreme Court shall expeditiously have madeand file with the criminal court (CPL § 460.70) two transcripts of thestenographic minutes of the SORA hearing and any other proceedingsbefore Justice Berkman as yet not transcribed. The Clerk shallfurnish a copy of such transcripts to appellant's counsel, Robert S.Dean, Esq., without charge, the transcripts to be returned to thisCourt when appellant's brief is filed.

The time within which appellant shall perfect this appeal ishereby enlarged until 120 days from the date of filing of the record.

E N T E R:

/


Present: Hon. Angela M. Mazzarelli,John w. Sweeny, Jr.Eugene NardelliHelen E. FreedmanRosalyn H. Richter,

----------------------------------xDavid Hooper,


Justice Presiding,

Justices.

M-2687-against- Index No. 100262/06

New York Real Estate Institute, Inc.,

Defendant-Respondent.-------------------------------------x

Defendant-respondent having moved for dismissal ofthe appeal taken from the order of the Supreme Court, New YorkCounty, entered on or about November 7, 2008 (mot. seq. no. 003),

Now, upon reading and filing the papers with respect tothe motion, and due deliberation having been had thereon,

It is ordered that the motion is granted and the appealis dismissed.

ENTER:


Present - Hon. Angela M. Mazzarelli,David B. SaxeDavid FriedmanRolando T. AcostaLeland G. DeGrasse,

---------------------------------------xBarbara Stewart, etc.,


-against-

GUy E.C. Maitland, et al.,Defendants-Appellants,

Dunoon, LLC, et al.,Defendants.

---------------------------------------x

Justice Presiding,

Justices.

M-727Index No. 603709/04

Defendants-appellants having moved for reargument of or,in the alternative, for leave to appeal to the Court of Appealsfrom the decision and order of this Court entered on January 8,2009 (Appeal No. 4997),


It is ordered that the motion is denied.

E N T E R:


Present - Hon. Angela M. Mazzarelli,Karla MoskowitzRolando T. AcostaHelen E. FreedmanRosalyn H. Richter,

------------------------------------xBasu Sarkar & Sujit R. Kumar,


-against-

Mridul Kumar Pathak,Defendant-Appellant.

------------------------------------x

Justice Presiding,

Justices.

M-3272M-3496

Index No. 109880/07

An appeal having been taken to this Court from the-order ofthe Supreme Court, New York County, entered on or about April 22,2009,

And defendant-appellant having moved for a stay of enforcementof so much of the said order which upon a determination thatdefendant-appellant's counsel had engaged in frivolous conductpursuant to 22 NYCRR 130-1.1(a) assessed sanctions therefor(M-3272) ,

And plaintiffs-respondents having cross-moved in oppositionto defendant-appellant's motion, and for the award of attorney'sfees and costs with respect to appellant's application(M-3496),

Now, upon reading and filing the papers with respect to themotion and cross motion, and due deliberation having been hadthereon,

It is ordered that the motion is granted on condition theappeal is perfected by on or before September 8, 2009 for theNovember 2009 Term. Upon failure to so perfect, an ordervacating the stay may be entered ex parte, provided respondentsserve a copy of this order upon appellant within 10 days afterthe date of entry hereof. The cross motion is denied.

ENTER:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Departmentin the County of New York on August 18, 2009.

PRESENT: Hon. Angela M. Mazzarelli,Karla MoskowitzRolando T. AcostaHelen E. FreedmanRosalyn H. Richter,

------------------- -------------------XLarry Stryker,

Plaintiff-Respondent-Appellant,

-against-

Alex Stelmak, An Individual,Defendant-Appellant-Respondent,

Stan Mashov, An Individual,Defendant-Respondent,

Simone V. Palazzolo, Esq., AnIndividual, and AdvancedTechnologies Group, Ltd.,

Defendants.---------------------------------------x

Justice Presiding,

Justices.

M-3596Index No. 117524/06

plaintiff-respondent-appellant and defendant-appellantrespondent having jointly moved for an enlargement of time inwhich to perfect the appeal and cross appeal from the orderof the Supreme Court, New York County, entered on or aboutDecember 5, 2007 (mot. seq. no. 008),


It is ordered that the motion is granted to the extent ofenlarging the time in which to perfect the appeal and crossappeal to the December 2009 Term with no further enlargements tobe granted.

ENTER:


Present: Hon. Angela M. Mazzarelli,Karla MoskowitzRolando T. AcostaHelen E. FreedmanRosalyn H. Richter,

-----------------------------------xVentur Group, LLC,


-against-

Diane Finnerty, et al.,

Defendants-Appellants.-----------------------------------x

Justice Presiding,

Justices.

M-3251Index No. 604394/06

Defendants-appellants having moved for an enlargement oftime in which to perfect the appeal from the order of the SupremeCourt, New York County, entered on or about February 24, 2009(mot. seq. no 003),


It is ordered that the motion is granted to the extent ofenlarging the time in which to perfect the appeal to on or beforeSeptember 8, 2009 for the November 2009 Term, with no furtherenlargements to be granted. Upon failure to so perfect, an orderdismissing the appeal may be entered ex parte provided thatrespondent serves a copy of this order upon appellants within 10days after the date of entry hereof.

ENTER:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inin the County of New York on August 18, 2009.


-------------------------------------xMaria Teresa Bacani, Individually,and as Administrator of the Estateof Jonathan Bacani, Deceased, andAbraham Bacani,


-against-

Lisa Rosenberg, M.D.,Defendant-Respondent,

Deepak Nanda, M.D.,Defendant-Appellant,

-and-

Arthur Fougner, M.D., et al.,Defendants.

-------------------------------------x

Justice Presiding,

Justices.

M-3355Index No. 118041/05

An appeal having been taken from the order of the SupremeCourt, New York County, entered on or about June 1, 2009,

And defendant-appellant having moved for a stay of allproceedings, including trial, pending hearing and determinationof the aforesaid appeal,


It is ordered that the motion is granted.

ENTER:



Justice Presiding,

Justices.

---------------------------------------xPanasia Estates, Inc.,

Plaintiff-Appellant-Respondent,

-against-

Hudson Insurance Company and UTC RiskManagement Services, Inc.,

Defendants-Respondents-Appellants.---------------------------------------x

M-3471Index No. 602472/05

An appeal and cross appeal having been taken to thisCourt from the order of the Supreme Court, New York County,entered on or about March 6, 2009,

And United Policyholders, Inc., by its attorneys AndersonKill & Glick, P.C., (Eugene R. Anderson and John G. Nevius, ofcounsel) having moved for leave to file a brief amicus curiae inconnection with the aforesaid appeal and cross appeal,



ENTER:



Justice Presiding,

Justices.

---------------------------------------xJFK Holding Company LLC and J.F.K.Acquisition Group,


-against-

City of New York and Department ofHomeless Services,

Defendants-Appellants.---------------------------------------x

M-3172Index No. 110582/08

Defendants-appellants having moved for a stay of discoverypending hearing and determination of the appeal from the order ofthe Supreme Court, New York County, entered on or about May 13,2009,


It is ordered that the motion is granted.

ENTER:


Present: Hon. Richard T. Andrias,James M. CattersonDianne T. RenwickLeland G. DeGrasseSheila Abdus-Salaam,


Respondent,

-against-

Domingo Quiroz-Santos,Defendant-Appellant.

--------------------------------------x

Justice Presiding,

Justices.

M-3028Ind. No. 6055/07

Defendant having moved for an enlargement of time in whichto file a notice of appeal from the judgment of the Supreme Court,New York County, rendered on or about December 3, 2008, and for leaveto prosecute the appeal as a poor person on the original record andupon a reproduced appellant's brief, and for assignment of counsel,


It is ordered that the motion is granted to the extent ofdeeming the notice of appeal timely filed, and permitting the appealto be heard on the original record, except that a certified copy ofthe indictment(s) shall be substituted in place of the originalindictment(s), and upon a reproduced appellant's brief, on conditionthat appellant serves one copy of such brief upon the DistrictAttorney of said county and files 10 reproduced copies of such brief,together with the original record, with this Court.

The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) two transcripts of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, and of theplea or trial and sentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant's brief is filed.

Robert S. Dean, Esq., Center for Appellate Litigation, 74 TrinityPlace, 11th Floor, New York, New York 10006, Telephone No. 212-5772523, is assigned as counsel for defendant-appellant for purposesof the appeal. The time within which appellant shall perfect thisappeal is hereby enlarged until 120 days from the date of filing ofthe record. (See M-3028A, decided simultan usly herewith.)

ENTER:

SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION: FIRST JUDICIAL DEPARTMENT

BEFORE: Hon. Leland G. DeGrasseJustice of the Appellate Division

-------------------------------------XThe People of the State of New York,

Respondent,

-against-

Domingo Quiroz-Santos,

Defendant-Appellant.-------------------------------------X

STAY OF EXECUTIONOF JUDGMENT DENIED

M-3028AInd. No. 6055/07

Defendant-appellant having moved, pursuant to CPL 460.15,for a stay of execution of the judgment of the Supreme Court,New York County, rendered on or about December 3, 2008, pendinghearing and determination of the appeal taken therefrom,


Hon. Leland G. DeGrasseAssociate Justice

It is ordered that the motion is denied.decided simultaneously herewith.)

Dated: New York, New YorkAUG 13 2009

(See M-3028,

Entered:AUG 18 2009


PRESENT - Hon. Richard T. Andrias,James M. CattersonDianne T. RenwickLeland G. DeGrasseSheila Abdus-Salaam,


Respondent,

-against-

July Carraco,Defendant-Appellant.

--------------------------------------x

Justice Presiding,

Justices.

M-3093Ind. No. 244/08

Defendant having moved for an extension of time in which to filea notice of appeal from the judgment of the Supreme Court, New YorkCounty, rendered on or about December 22, 2008, and for leave toprosecute the appeal as a poor person upon the original record and areproduced appellant's brief, and for assignment of counsel,


It is ordered that the motion is granted to the extent of deemingthe moving papers a timely filed notice of appeal, and permitting theappeal to be heard on the original record, except that a certifiedcopy of the indictment(s) shall be substituted in place of theoriginal indictment(s), and upon a reproduced appellant's brief, oncondition that appellant serves one copy of such brief upon theDistrict Attorney of said county and files 10 reproduced copies ofsuch brief, together with the original record, with this Court.

The court reporter shall promptly make and file with the criminalcourt (CPL § 460.70) two transcripts of the stenographic minutes ofany proceedings pursuant to CPL § 210.20, Arts. 710 and 730, and ofthe plea or trial and sentence.


E N T E R:


Present: Hon. Richard T. Andrias,James M. CattersonLeland G. DeGrasseSheila Abdus-Salaam,

-------------- -----------------------xThe People of the State of New York,

Respondent,

-against-

Julio Perez, also known as Perez Julio,Defendant-Appellant.

--------------------------------------x

Justice Presiding,

Justices.

M-3131Ind. No. 1000/08

Defendant having moved for an enlargement of time in whichto file a notice of appeal from the judgment of the Supreme Court,Bronx County, rendered on or about October 30, 2008, and for leaveto prosecute the appeal as a poor person on the original record andupon a reproduced appellant's brief, and for assignment of. counsel,


It is ordered that the motion is granted to the extent ofdeeming the notice of appeal timely filed, and permitting the appealto be heard on the original record, except that a certified copyof the indictment(s) shall be substituted in place of the originalindictment(s), and upon a reproduced appellant's brief, on conditionthat appellant serves one copy of such brief upon the DistrictAttorney of said county and files 10 reproduced copies of such brief,together with the original record, with this Court.

The court reporter shall promptly make and file with the criminalcourt (CPL §460.70) two transcripts of the stenographic minutes of anyproceedings pursuant to CPL §210.20, Arts. 710 and 730, and of theplea or trial and sentence. The Clerk shall furnish a copy of suchtranscripts to appellant's counsel, without charge, the transcripts tobe returned to this Court when appellant 1 s brief is filed.

Steven Banks, Esq., 199 Water Street, 5th Floor, New York,New York 10038, Tel. No. (212) 577-3688 is assigned as counsel fordefendant-appellant for purposes of the appeal. The time withinwhich appellant shall perfect this appeal is hereby enlarged until120 days from the date of filing of the record.

ENTER:



----- ---------------------------------xFelicia Pickett Johnson and IkeaJohnson,



-against-

New York City Board of Education,et al.,

Defendants-Respondents.---------------------------------------x

Justice Presiding,

Justices.

M-2844Index No. 251305/08

Plaintiffs-appellants having moved for leave to prosecute,as poor persons, the appeal from the orders of the SupremeCourt, Bronx County, entered on or about February 5, 2009, forleave to have the appeal heard on the original record and upona reproduced appellants' brief, and for related relief,


It is ordered that the motion is denied, with leave torenew upon both plaintiffs submission of a detailed notarizedaffidavit, pursuant to CPLR 1101(a), setting forth factssufficient to establish that they have no funds or assets withwhich to prosecute their appeals and a statement of facts so asto ascertain the merit of the appeal.

ENTER:


PRESENT - Hon. Richard T. Andrias,James M. CattersonDianne T. RenwickLeland G. DeGrasseSheila Abdus Salaam,

-------------------------------------xMichael Driscoll,

Claimant-Appellant,

-against-

The State of New York,

Defendant-Respondent.-------------------------------------x

Justice Presiding,

Justices.

Court of ClaimsM-3230

Claim No. 115969

Claimant-appellant having moved for leave to prosecute,as a poor person, the appeal taken from the order of the Courtof Claims of the State of New York, entered on or about June 1,2009 (Court of Claims Motion No. M-76366), for leave to have theappeal heard upon the original record and a reproducedappellant's brief, and for other relief,


It is ordered that the motion is granted to the extent ofpermitting the appeal to be heard upon the original record andupon a reproduced appellant's brief, on condition that appellantserves one copy of such brief upon the attorney for respondentand files 10 copies of such brief, together with the originalrecord, with this Court. Appellant is permitted to dispense withpayment of the required fee for the subpoena and filing of therecord.

E N T E R:


PRESENT - Hon: Richard T. Andrias,James M. CattersonDianne T. RenwickLeland G. DeGrasseSheila Abdus-Salaam,


Respondent,

-against-

Paul Ziegler,Defendant-Appellant.

---------------------------------------x

Justice Presiding,

Justices.

M-3044Ind. No. 3581/06

An order of this Court having been entered on September 23, 2008(M-3945) granting respondent leave to prosecute, as a poor person, theappeal from the judgment of the Supreme Court, New York County,rendered on or July 12, 2007, and assigning Robert S. Dean, Esq., ascounsel for purposes of prosecuting the appeal,

And defendant-appellant, through assigned counsel, having movedfor a reconstruction hearing with respect to proceedings held onJune 26, 2007, and for related relief,


It is ordered that the motion is granted to the extent ofremanding the matter to the Supreme Court, New York County, for areconstruction hearing of the proceedings held on June 26, 2007 withrespect to jury notes and exhibits as expeditiously as possible (seeExhibits B through G to moving papers). Appellant's counsel isdirected to serve a copy of this order upon the Clerk of the SupremeCourt, New York County, within 10 days from the date of entry hereof,and the Clerk is directed to have the minutes transcribed anddelivered to appellant's counsel for inclusion in the record within 30days of the conclusion of said reconstruction hearing. Sua sponte,appellant's time in which to perfect the appeal is enlarged to theJanuary 2010 Term, with leave to seek a further enlargement ifnecessary.

E N T E R:



------------ --------------------------xThe People of the State of New York,

Respondent,

-against-

Anthony Griffin, also known asFruquan Griffin,

Defendant-Appellant.-----------------------------------x

Justice Presiding,

Justices.

M-3186Ind. No. 6425/05

Defendant-appellant, in connection with an appeal taken fromthe judgment of the Supreme Court, New York County, entered on orabout October 19, 2006, having moved for leave to file a pro sesupplemental brief and for related relief,


It is ordered that the motion is granted to the extent ofdirecting defendant to serve and file 10 copies of his pro sesupplemental brief on or before October 5, 2009 for the December2009 Term, to which Term the appeal is adjourned. The Clerk ofthe Court is directed to forward to the Warden at the Statecorrectional facility wherein defendant is incarcerated atranscript of the minutes relating to defendant's appeal, saidtranscript to be made available to appellant and returned byappellant to this Court when submitting the pro se supplementalbrief hereto. The appeal will not be heard unless and until allmaterial furnished to appellant has been returned.

E N T E R:


PRESENT: Hon. Richard T. Andrias,James M. CattersonDianne T. RenwickLeland G. DeGrasseSheila Abdus-Salaam,

-------------------------------------xMadeline D'Anthony Enterprises, Inc.,


-against-

Kimberly Burns, et al.,

Defendants-Appellants.-------------------------------------x

Justice Presiding,

Justices.

M-2521Index No. 101819/09

An appeal having been taken from the order of the SupremeCourt, New York County, entered on or about May 15, 2009 (mot.seq. no. 002),

And,defendants-appellants having moved for a stay ofenforcement of the order pending hearing and determination of theaforesaid appeal,


Ordered that the motion is denied.



--------------------------------------xIn the Matter of the Application of

Alessandro Spano,Petitioner,


-against-

New York State Racing and WageringBoard,

Respondent.--------------------------------------x

Justice Presiding,

Justices.

M-2973Index No. 106547/08

An Article 78 proceeding to review a determination ofrespondent, having been transferred to this Court, pursuant toCPLR 7804(g), by order of the Supreme Court, New York County,entered on or about March 2, 2009 (mot. seq. no. 001),

And petitioner having moved for a stay of the suspensionof petitioner's harness racing license, pending hearing anddetermination of the aforesaid proceeding,


It is ordered that the motion is granted on conditionthat the proceeding is perfected for the February 2010 Term.Upon failure to so perfect, an order vacating the stay may beentered ex parte, provided that respondent serves a copy of thisorder upon petitioner within 10 days after the date of entryhereof.

ENTER:


Present - Hon. Richard T. Andrias,James M. CattersonDianne T. RenwickLeland G. DeGrasseSheila Abdus-Salaam,

-------------------------------------xJoyce Henderson,


-against-

MABSTOA, et al.,Defendants-Appellants,

-and-

The City of New York, et al.,Defendants.

-------------------------------------x

Justice Presiding,

Justices.

M-3056Index No. 15851/06

An appeal having been taken from the order of the SupremeCourt, Bronx County, entered on or about February 6, 2009,

And defendants-appellants having moved for a stay of trialpending hearing and determination of the aforesaid appeal,


It is ordered that the motion is granted on conditionthat the appeal is perfected for the December 2009 Term. Uponfailure to so perfect, an order vacating the stay may be enteredex parte, provided that plaintiff-respondent serves a copy ofthis order upon appellants within 10 days after the date of entryhereof.

E N T E R:



----- -------------------------xJanulyn McKanic,


-against-

Amigos Del Museo Del Barrio,Defendant-Respondent.

-----------------------------------x

Justice Presiding,

Justices.

M-3109Index No. 602360/05

Plaintiff-appellant having moved for an enlargement oftime in which to perfect the appeal taken from the order of theSupreme Court, New York County, entered on or about October 7,2008 (mot. seq. no. 004),

Now, upon reading and filing the papers with respect tothe motion, and due deliberation having been had thereon, it is

Ordered that the motion is granted to the extent ofenlarging the time in which to perfect the appeal to on orbefore October 5, 2009 for the December 2009 Term.

E N T E R:



------------------ ----------------XIn the Matter of the Arbitrationbetween Argonaut InsuranceCompany,


-against-

Ceradyne, Inc.,Respondent-Respondent.

------------------- ---------------x

Justice Presiding,

Justices.

M-3122Index No. 604218/07

Petitioner-appellant having moved for an enlargement of timein which to perfect the appeal taken from the order of theSupreme Court, New York County, entered on or about April 9, 2008(mot. seq. no. 001),


Ordered that the motion is granted to the extent ofenlarging appellant's time in which to perfect the appeal to theDecember 2009 Term.

E N T E R:



-----------------------------------xLeon Sloane, et al.,


-against-

Edward Gross,Defendant-Respondent.

-----------------------------------x

Justice Presiding,

Justices.

M-3177Index No. 116102/06

Plaintiffs-appellants having moved for an enlargement oftime in which to perfect the appeal taken from the order of theSupreme Court, New York County, entered on or about April 3, 2009(mot. seq. no. 003),


Ordered that the motion is granted to the extent ofenlarging the time in which to perfect the appeal to the December2009 Term.

E N T E R:



-----------------------------------xIn the Matter of the Application of

Residential Management, Inc.,Petitioner-Respondent,

For a Judgment, etc.,

-against-

New York State Division of Housingand Community Renewal,

Respondent-Appellant,

Graham Court Tenants' Association,Respondent-Intervenor.

----------------------------------x

Justice Presiding,

Justices.

M-3234Index No. 107306/05

Respondent-appellant having moved for an enlargement oftime in which to perfect the appeal from the order and judgment(one paper) of the Supreme Court, New York County, entered on orabout January 24, 2007 (mot. seq. no. 001),


It is ordered that the motion is granted to the extentof enlarging the time in which to perfect the appeal to theDecember 2009 Term.

E N T E R:



-----------------------------------xBarbara Lerner,

Claimant-Appellant,

-against-

The State of New York,

Defendant-Respondent.-----------------------------------x

Justice Presiding,

Justices.

M-3273

Court of ClaimsMotion Nos. M-74577

M-74578

Claimant-appellant having moved for an enlargementof time in which to perfect the appeal taken from the orderof the Court of Claims of the State of New York entered on orabout November 30, 2007 (Court of Claims Motion Nos. M-74577and M-74578) ,


It is ordered that the motion is granted to the extent ofenlarging the time in which to perfect the appeal to on or beforeOctober 5, 2009 for the December 2009 Term.

E N T E R:



--------------------- -------------xHudson Insurance Company, et al.,


-against-

M.J. Oppenheim in his quality asAttorney in Fact in Canada, forLloyd's Underwriters, Members ofLloyd's, London, England,

Defendant-Respondent.-----------------------------------x

Justice Presiding,

Justices.

M-3424Index No. 604411/05

Plaintiffs-appellants having moved for an enlargement oftime in which to perfect the appeal taken from the order of theSupreme Court, New York County, entered on or about June 27, 2008(mot. seq. no. 007),


Ordered that the motion is granted to the extent ofenlarging appellants' time in which to perfect the appeal to theDecember 2009 Term.

E N T E R:



-------------------------------------xIn the Matter of the Application of

Metropolitan New York Synod of theEvangelical Lutheran Church inAmerica, etc.,

Petitioners-Respondents,

-against-

St. John's Evangelical LutheranChurch, et al., etc.,

Respondents-Appellants.-------------------------------------x

Justice Presiding,

Justices.

M-3090Index No: 118731/06

Respondents-appellants having moved for an enlargement oftime in which to perfect the consolidated appeals taken from theorder of the Supreme Court, New York County, entered on or aboutApril 11, 2008 (mot. seq. no. 002) and from the order andjudgment (one paper) of said Court, entered on or about July 17,2008,


It is further ordered that the motion is granted to theextent of enlarging the time in which to perfect the consolidatedappeals to the December 2009 Term, with no further enlargementsto be granted.

E N T E R:



-----------------------------------xCorneal ius Campbell,


-against-

Anita Brown-Campbell,Defendant-Appellant.

-----------------------------------x

Justice Presiding,

Justices.

M-3106Index No. 303309/04

An order of this Court having been entered on February 17,2009 (M-286), inter alia, granting defendant-appellant civil poorperson relief with respect to the appeal from the judgment ofdivorce of the Supreme Court, New York County, entered on orabout March 20, 2008,

And an order or this Court having been entered on April 14,2009 (M-1404), granting appellant an enlargement of time in whichto perfect the appeal to the September 2009 Term,

And defendant-appellant having moved for a furtherenlargement of time in which to perfect the appeal, and forassignment of counsel,


It is ordered that the motion is granted to the extent ofenlarging the time in which to perfect the appeal to on or beforeOctober 5, 2009 for the December 2009 Term, without prejudice toappellant seeking appointment of a guardian ad litem in SupremeCourt.

E N T E R:



---------------------------------------xIn the Matter of the Application of

Rudranau Toolasprashad,Petitioner-Respondent,

For a Judgment Under Article 78of the Civil Practice Law and Rules,

-against-

Raymond W. Kelly, etc., et al.,Respondents-Appellants.

---------------------------------------x

Justice Presiding,

Justices.

M-3108Index No. 109964/06

Respondents-appellants having moved for an enlargementof time in which to perfect the appeal from an order of theSupreme Court, New York County, entered on or about July 13, 2007(mot. seq. no. 001),


It is ordered that the motion is granted to the extentof enlarging the time in which to perfect the appeal to theDecember 2009 Term, with leave to seek a further enlargement ifnecessary.

E N T E R:



----------------------------------------xMalcolm Ferguson, Deceased, byJuanita Young, as Administratrixof the Estate of MalcolmFerguson, and Juanita Young,Individually,

Plaintiffs-Appellants-Respondents,

against-

The City of New York, et al.,Defendants-Respondents-Appellants.

----------------------------------------x

Justice Presiding,

Justices.

M-3180Index No. 18951/01

An appeal and cross appeal having been taken from the orderand judgment (one paper) of the Supreme Court, Bronx County,entered on or about July 15, 2008,

And plaintiffs-appellants-respondents having moved for anenlargement of time in which to perfect the direct appeal,


Ordered that the motion is granted to the extent ofenlarging to the December 2009 Term the time of plaintiffs toperfect the direct appeal, with no further enlargements to begranted. Should plaintiffs fail to so perfect defendants aredirected to perfect the cross appeal as direct appellants for thenext available Term of Court. The attention of the parties isdirected to Rule 600.11(d) of this Court with respect to a jointrecord and costs thereof.

E N T E R:

(



----------------------------------------xMushlam, Inc.,

Plaintiff-Landlord-Respondent,

-against-

Marie Nazor and Peter Mickle,544 West 27 th StreetEntire 4 th FloorNew York, New York 10001,

Defendants-Undertenants-Appellants.- --------------------------------------X

Justice Presiding,

Justices.

M-3239Index No. 100207/08

Defendants-appellants having moved for an enlargementof time in which to perfect the appeals taken by the amendednotice of appeal dated June 3, 2008 from the order of SupremeCourt, New York County, entered April 7, 2008 (mot. seq. no.002), and by the notice of appeal dated June 4, 2008 from theorder of said Court entered on June 3, 2008 (mot. seq. no. 003),

Now, upon reading and filing the papers with respect tothe motion, and due deliberation having been had thereon, it is

Ordered that the motion is granted to the extent ofenlarging appellant's time in which to perfect the appeals,which are sua sponte consolidated, to the December 2009 Term.

E N T E R:



------- ---------------------------xIvalisse Bustamante, etc., et al.,


-against-

Green Door Realty Corp., et al.,Defendants-Respondents.

-----------------------------------x

Justice Presiding,

Justices.

M-3392Index No. 13908/99

Plaintiffs-appellants having moved for an enlargement oftime in which to perfect the appeals taken from the orders of theSupreme Court, Bronx County, entered on or about August 15, 2008and April 8, 2009, respectively,


Sua sponte, the appeals are consolidated and appellants arepermitted to prosecute the appeals upon 10 copies of one recordand one set of appellants' points covering the appeals.

It is further ordered that the motion is granted to theextent of enlarging the time in which to perfect the consolidatedappeals to on or before October 5, 2009 for the December 2009Term.

E N T E R:



Justice Presiding,

Justices.

--------------------------------------xLinmar Construction Corp.,


-against-

Albert Palancia Agency, Inc.,Defendant-Respondent.

--------------------------------------xAlbert Palancia Agency, Inc.,

Third-Party Plaintiff-Appellant,

-against-

JJ Farber Lottman Co., Inc.,Third-Party Defendant-Respondent.

(And a fourth-party action)--------------------------------------x

M-3092Index No. 603154/03

An appeal having been taken by plaintiff Linmar ConstructionCorp. from the order of the Supreme Court, New York County, enteredon or about September 27, 2007 (mot. seq. no. 004),

And an appeal (denominated a cross appeal) having been taken bydefendant/third-party plaintiff, Albert Palancia Agency, Inc., from somuch of the aforesaid order of the Supreme Court, which dismissed thethird-party and fourth-party complaints,

And plaintiff-appellant, Linar Construction Corp., having movedfor an enlargement of time in which to perfect its appeal,


It is ordered that the motion is granted to the extent ofenlarging plaintiff-appellant Linmar's time in which to perfectits appeal to the January 2010 Term, with 1 ave to the respectiveappellants to seek a further enlargement if e est~~ .

E N T E R, VV'l.7\Clerk.



-------------------------------------x403 East 76 St. Corp.,

Plaintiff-Respondent-Appellant,

-against-

Eyeprops Realty, LLC, et al.,Defendants,

The Travelers Excess and SurplusLines Company incorrectly suedherein as The Travelers Companies,Inc., formerly known as The St. PaulTravelers Companies, Inc.,

Defendant-Appellant-Respondent.-------------------------------------X

Justice Presiding,

Justices.

M-3354Index No. 104089/07

An appeal and cross appeal having been taken from theorder of the Supreme Court, New York County, entered on or aboutJune 2, 2008 (mot. seq. no. 001),

And defendant-appellant-respondent having moved for anenlargement of time of the respective parties in which to perfectthe appeal and cross appeal, and for related relief,


It is ordered that the motion is granted to the extentof enlarging the time in which to perfect the appeal and crossappeal to the January 2010 Term. The attention of the parties isdirected to Rule 600.11(d) of this Court with respect to a jointrecord and costs thereof.

E N T E R:


PRESENT - Hon. David B. Saxe,James M. CattersonJames M. McGuireKarla MoskowitzRolando T. Acosta,

- -----------------------------------XIn re Oscar Cintron,


-against-

Judith A. Calogero as Commissioner ofthe Division of Housing and CommunityRenewal of the State of New York,

Respondent-Respondent.-------------------------------------x

Justice Presiding,

Justices.

M-1411Index No. 994/05

Petitioner-appellant having moved for leave to appeal to theCourt of Appeals from the decision and order of this Courtentered on February 26, 2009 (Appeal No. 5346),


It is ordered that the motion is granted, and this Court,pursuant to CPLR 5713, certifies that the following question oflaw, decisive of the correctness of its determination, hasarisen, which in its opinion ought to be reviewed by the Court ofAppeals:

"Was the order of this Court, which affirmed theorder of the Supreme Court, properly made?"

This Court further certifies that its determination was madeas a matter of law and not in the exercise of discretion.

E N T E R:

/


Present - Hon. David Friedman,James M. McGuireRolando T. AcostaLeland G. DeGrasseHelen E. Freedman,

------------------------- -------------xMerrick Mahoney,

Plaintiff,

-against-

Turner Construction Co., et al.,Defendants-Respondents,

Williams Machinery Movers, Inc., et al.,Defendants-Appellants.

----------------------------------------x

Justice Presiding,

Justices.

M-816Index No. 14806/00

Defendants-respondents having moved for reargument ofthe decision and order of this Court entered on January 15, 2009(Appeal No. 4816),



E N T E R:

\

SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : FIRST JUDICIAL DEPARTMENT

------------------------------------------xThe People of the State of New York,

M-3244Ind. Nos. 5752/04

and 6485/04

-against-

Larry Wearing,

Defendant.------------------------------------------x

REARGUMENTDENIED

Defendant having moved for reargument and/or renewal of the

order of a Justice of this Court entered June 16, 2009 (M-2144)

which denied defendant's application for a certificate granting

leave to appeal to this Court from an order of the Supreme Court,

New York County, entered on March 31, 2009,

Now, upon reading and filing the papers with respect to the

motion, and due deliberation having been had thereon,

It is ordered that the motion is denied in its entirety.

Eugene L. Nardelli (Associate Justice

Dated: New York, New York

AUG 03 2009

E~iE~~ID)'AUG 182009


BEFORE: Hon. James M. Catterson,Justice of the Appellate Division

-----------------------------------------xIn the Matter of a Support ProceedingUnder Article 4 of the Family Court Act.

Tonya A.,

Petitioner-Respondent,

-against-

Hal H. H.,

M-2393Docket No. F17620-04/05A

Respondent-Appellant.-----------------------------------------x

Respondent-appellant having moved for a stay of the orderof the Family Court, Bronx County, entered on or about March 17,2009, pending hearing and determination of the appeal takentherefrom,



Dated: New York, New York

AUG 04

Entered:

AUG 1 8 2009

CattersonJustice


BEFORE: Hon. Dianne T. RenwickJustice of the Appellate Division


-against-

Robert Schmid and Barbara Eber-Schmid,Defendants.

------------------------------------------x

M- 2880Ind. Nos. 4896/07,

4897/07CERTIFICATEDENYING LEAVE

I, Dianne T. Renwick, a Justice of the Appellate Division,

First Judicial Department, do hereby certify that, upon

application timely made by the above-named defendants for a

certificate pursuant to Criminal Procedure Law, sections 450.15

and 460.15, and upon the record and proceedings herein, there is

no question of law or fact presented which ought to be reviewed

by the Appellate Division, First Judicial Department, and

permission to appeal from the order of the Supreme Court, New

York County, entered on or about May~, 2009, is hereby denied.

~-Hon. Dianne T. RenwickAssociate Justice

Dated: AUG 032009New York, New York

ENTERED:

AUG 182009




M- 2947Ind. No. 8175/1992

-against-

Edward Mackenzie,Defendant.

------------------------------------------x

CERTIFICATEDENYING LEAVE









York County, entered on or about June 3, 20.' 9, is hereby denied.

Hon. Dianne T. RenwickAssociate Justice

Dated: AUG 04 2009New York, New York

ENTERED: AUG 1 82009




M- 2950Ind. No. 3701/2001

-against-

Rodney Freeman,Defendant.

------------------------------------------x










York County, entered on or about May 15, 2009, is hereby denied.


Dated: AUG ([) 3 20nQNew York, New York

ENTERED: AUG 18 Z009




M- 2998Ind. No. 7251/1996

-against-

Lawrence Lewis,Defendant.

------------------------------------------x










York County, entered on or about May 22, 2009, is hereby ,enied.

Hon. Dianne-rr. RenwickAssociate Justice

Dated: 3 200~, New "S:ork

ENTERED: AUG 18 2009




M- 2999Ind. No. 4556/2001

-against-

Wesley Kelly,Defendant.

------------------------------------------x










York County, entered on or about


June 1, 2009, is hereby denQ

~~Hon. Dianne ~ RenwickAssociate Justice

ENTERED:AUG 182009




M- 3006Ind. No. 5991/01

-against-

Patrick McDowell,Defendant.

------------------------------------------x




application timely made by the above-named defendant for a






York County, entered on or about

Dated: G«) 3 2009New York, New York

ENTERED:

AUG 18 2009

J~~lied'

Hon. Dianne T. Renwick ~Associate Justice

SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION: FIRST DEPARTMENT

BEFORE: Hon. Dianne T. RenwickAssociate Justice of the Appellate Division

Seth Mensah,

Plaintiff,

-against-

Prof Iraj Kalkoran, Lockheed MartinCorporation, European Space Agency

Defendants.---------------------------------------x

M-3144Index No. 102406/D~

Plaintiff having moved, and the motion deemed to be for

leave to appeal to this Court from the order of the Supreme

Court, New York County, entered, on plaintiff's default, on or

about May 21, 2009(mot seq. no. 002),

Now, upon reading and filing the papers with respect to the

motion, and due deliberation having been had thereon,


~Associate Justice

Dated:AUG 032009

New York, New York

Entered:

AUG 18 Z'009




M- 3243Ind. No. 8175/1992

-against- CERTIFICATEDENYING LEAVE

Edward Mackenzie,Defendant.

------------------------------------------x









hereby (; ied.York County, entered



ENTERED:

AUG 18 2009

PM ORDERS ENTERED

AUGUST 4, 2009AUGUST 11 , 2009AUGUST 13, 2009

ISUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : FIRST DEPARTMENT

BEFORE: Hon. Helen E. FreedmanJustice of the Appellate Division

-----------------------------------------------xThe People of the State of New York,

Respondent,

-against-

Wayne Parker,Defendant-Appellant.

--------------------------------------~--------X

M-3674

Ind. No.5117/06


I, Helen E. Freedman, a Justice of the Appellate Division,Supreme Court, First Department, do hereby certify that, uponapplication timely made by the above-named appellant for acertificate pursuant to CPL 460.20, and upon the record andproceedings herein, * there is no question of law presented whichought to be reviewed by the Court of Appeals and permission toappeal, and related relief, is hereby denied.

Dated: August 4, 2009New York, New York

ENTERED: ?J ILj )() 1

Justice of the Appellate Division

*Description of orqer:

Judgment, Supreme Court, New York County, rendered May 10, 2007.Affirmed by App. Div., ptDept., on June 18, 2009 (No. 411).

Notice: The Clerk is directed to immediately file a copy of thisCertificate with the Clerk of the Court of Appealspursuant to CPL § 460.20 subd. '5.



-------------------------------------xIn the Matter of the Application of

47 Avenue B East Inc.,Petitioner,

Pursuant to Article 78 of theCivil Practice Law Rules,

-against-

New York State Liquor Authority,Respondent.

-------------------------------------x

Justice Presiding,

Justices.

M-3359Index No. 101299/09

An Article 78 proceeding to review a determination ofrespondent, having been transferred to this Court, pursuant to CPLR7804(g), by order of the Supreme Court, New York County, entered on orabout June 30, 2009,

And, petitioner having moved for a stay of respondent'scancellation of its license pending hearing and determination of theaforesaid proceeding,


It is ordered that the motion is granted to the extent ofcontinuing the relief afforded petitioner by order of a Justice ofthis Court dated July 20, 2009 on the conditions incorporated in theorder of a Judge of the Court of Appeals dated July 1, 2009 and uponthe further condition the proceeding is perfected on or beforeSeptember 8, 2009 for the November 2009 Term. Upon failure to soperfect, respondent may enter an ex parte order vacating the stay oncondition that respondent serves a copy of this order upon petitionerwithin 10 days after the date of entry hereof. Upon failure to complywith the conditions incorporated in the order of the Judge of theCourt of Appeals dated July 1, 2009, respondent may move on notice tovacate the stay.

ENTER:


Present: Hon. Angela M. Mazzarelli,Karla MoskowitzRolando T. AcostaHelen E. Freedman,

------------------------------------xRanda Bishop,


-against-

59 West 12~ Street Condominium,Defendant-Appellant,

Goodstein Management, Inc., et al.,Defendants.

------------------------------------x

Justice Presiding,

Justices.

M-3393Index No. 101683/04

An appeal having been taken from the order of the SupremeCourt, New York County, entered on or about September 26, 2008(mot. seq. no. 006),

And plaintiff-respondent having moved for an order dismissingthe aforesaid appeal or, in the alternative, directing defendantto supplement the record on appeal with the March 30, 2009decision and order of Hon. Louis B. York, Supreme Court, New YorkCounty,


It is ordered that the motion, to the extent it seeksto dismiss the appeal, is denied. So much of the motion whichseeks to supplement the record on appeal is granted. Defendantis directed to serve and file 10 copies of the above-referenceddecision and order of Hon. Louis B. York, and the papers uponwhich said decision and order was issued within 10 days of thedate of entry hereof.

ENTER:



-------------------------------------xChelsea 19 Associates,

Petitioner-Respondent,

-against-

Warren James,Respondent-Appellant.

-------------------------------------x

Justice Presiding,

Justices.

M-3353Index No. 570746/07

An appeal having been taken from the decision and order ofthe Appellate Term entered in the office of the Clerk of theSupreme Court, New York County, on or about October 9, 2008,

And petitioner-respondent having moved to strike certainportions of the record on appeal and pages of appellant's briefand for related relief,


It is ordered that the motion is denied, without prejudiceto petitioner-respondent addressing the issue in its respondent'sbrief on the aforesaid appeal which is adjourned to the October2009 Term.

ENTER:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on August II, 2009.


Justice Presiding,

Justices.

---------------------------------------xLiana Makkos,


-against-

Thomas Makkos,Defendant-Appellant.

---------------------------------------x

M-3188Index No. 350267/06

Defendant-appellant having moved for an enlargement of timein which to perfect the appeal from the order of the SupremeCourt, New York County, entered on or about September 29, 2008,


It is ordered that the motion is granted to the extent ofenlarging the time in which to perfect the appeal to on or beforeSeptember 8, 2009 for the November 2009 Term.

ENTER:



Justice Presiding,

Justices.

---------------------------------------xAlison R. Minton,

Plaintiff,

-against-

The Wings Club, Phil Bakes andDan McKinnon,

Defendants.---------------------------------------x

M-3408Index No. 110987/03

A purported appeal having been taken to this Court from theex parte order of the Supreme Court, New York County, entered onor about July 21, 2009,

And plaintiff having moved for a stay of certain oralexaminations pending determination of an application byplaintiff's counsel to be relieved, presently sub judice in theSupreme Court,


It is ordered that the motion is granted to the extent ofstaying the direction to take the oral examinations of PatSherman and Phil Bakes in California and Florida, respectively,pending determination of the motion by plaintiff's counsel to berelieved presently sub judice in Supreme Court. The motion, tothe extent is seeks to stay oral examinations of Gordon Bethuneand plaintiff is denied, as moot.

ENTER:



------------------------------------xRobert M. Morgenthau, DistrictAttorney, New York County, PlaintiffClaiming Authority,


-against-

Gregory Vinarsky, also known asGary Vinarsky, et al.,

Defendants,

Aron Goldman,


Justice Presiding,

Justices.

M-3271Index No. 400514/08

Defendant-appellant having moved for an enlargement oftime in which to perfect the appeal from the order of the SupremeCourt, New York County, entered on or about July 17, 2008,


It is ordered that the motion is granted to the extent ofenlarging the time in which to perfect the appeal to on or beforeSeptember 8, 2009 for the November 2009 Term, with no furtherenlargements to be granted.

ENTER:


Present - Hon. Angela M. Mazzarelli,Karla MoskowitzRolando T. AcostaHelen E. Freedman,

Justice Presiding,

Justices.

---------------------------------------xS.M. Pires,


-against-

Frota Oceanica Brasileira, S.A.,Defendant-Respondent,

Galveston Wharves, doing business asPort of Galveston, et al.,

Defendants.---------------------------------------x

M-3282Index No. 1453/06

Appeals having been taken to this Court from orders of theSupreme Court, Bronx County, entered on or about April 30, 2008and September 25, 2008, respectively,

And an order of this Court having been entered on March 26,2009 (M-1061), inter alia, consolidating the aforesaid appealsand enlarging the time in which to perfect same to the September2009 Term,

And plaintiff-appellant having moved for a furtherenlargement of time in which to perfect the consolidated appeals,


It is ordered that the motion is granted to the extent ofenlarging the time in which to perfect the consolidated appealsto on or before September 8, 2009 for the November 2009 Term.

ENTER:


PRESENT - Hon. Angela M. Mazzarelli,Karla MoskowitzRolando T. AcostaHelen E. FreedmanRosalyn H. Richter,

-----------------------------------xThe Estate of Yaron Ungar by andthrough its Administrator,David Strachman, et al.,


-against-

The Palestinian Authority, et al.,Defendants-Respondents.

-----------------------------------x

Justice Presiding,

Justices.

M-3303Index No. 102101/06

Plaintiffs-appellants having moved for an enlargement oftime in which to perfect the appeal taken from the orders of theSupreme Court, New York County, entered on or about March 14,2008 (mot. seq. no. 011) and May 13, 2008, respectively,


Ordered that the motion is granted to the extent ofenlarging appellants' time in which to perfect the appeal to onor before September 8, 2009 for the November 2009 Term, with nofurther enlargements to be granted.

E N T E R:



-------------------------------------xMinerva Vega,


-against-

Restani Construction Corp., et al.,Defendants,

General Fence Corporation,Defendant-Appellant.

-------------------------------------x

Justice Presiding,

Justices.

M-3535Index No. 13154/04

An appeal having been taken from the order of the SupremeCourt, Bronx County, entered on or about February 27, 2009,

And defendant-appellant having moved for a stay of trialpending hearing and determination of the aforesaid appeal,


It is ordered that the motion is granted on condition thatthe appeal is perfected on or before September 8, 2009 for theNovember 2009 Term. Upon failure to so perfect, an ordervacating the stay may be entered ex parte, provided thatrespondent serves a copy of this order upon appellant within 10days after the date of entry hereof.

E N T E R:

At a Term of the Appellate Division of the SupremeCourt held in and for the First Judicial Department inthe County of New York on August II, 2009.

PRESENT - Hon. Angela M. Mazzarelli,Karla MoskowitzRolando T. AcostaJames M. CattersonDianne T. Renwick,


Respondent,

-against-

Jamel Bell, also known asJohn Bell,

Defendant-Appellant.--------------------------------------x

Justice Presiding,

Justices.

M-3313Ind. No. 6255/06

An order of this Court having been entered on April 2, 2009(M-1112), inter alia, granting defendant leave to file an amendedpro se supplemental brief in connection with the appeal takenfrom the judgment of the Supreme Court, New York County, renderedon or about September 17, 2007,

And defendant having moved for an extension of time withinwhich to file the amended pro se supplemental brief,


It is ordered that the motion is granted to the extent ofdirecting defendant to serve and file 10 copies of his amendedpro se supplemental brief on or before August 24, 2009 for theNovember 2009 Term, to which Term the appeal is adjourned.Appellant is reminded that his appeal will not be heard unlessand until all material furnished to appellant has been returned.

E N T E R:



-------------------------------------xIn the Matter of

Angelique V.,

A Proceeding for Support UnderArticles 4 and 5-B of the FamilyCourt Act.

Saragh Anne K.,Petitioner-Respondent,

-against-

Armando Charles C.,Respondent-Appellant.

Frederic Schneider, Esq.,Law Guardian for the Child.

-------------------------------------x

Justice Presiding,

Justices.

M-3563 & M-3740Docket No. U7803/06

An appeal having been taken from the orders of the FamilyCourt, Bronx County, entered on or about April 1, 2008, October27, 2008 and January 5, 2009, respectively, and said appealhaving been perfected,

And petitioner-respondent having moved for dismissal ofthe aforesaid appeal (M-3563),

And the law guardian having cross-moved on subject child'sbehalf for an enlargement of time in which to file a respondent'sbrief, and petitioner-respondent mother having requested the samerelief in the alternative (M-3740),

(M-3563/M-3740) -2- August 13, 2009

Now, upon reading and filing the papers with respectto the motion and cross motion, and due deliberation havingbeen had thereon,

It is ordered that the motion to dismiss the appealis denied. The cross motion is granted to the extent ofpermitting the law guardian and petitioner-respondent motherto file their respective briefs on or before September 1, 2009.Respondent-appellant's reply brief is to be served and filed onor before September 10, 2009. The Clerk is directed to calendarthe appeal for hearing in the third week of the September 2009Term.

ENTER:

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